Sunday, July 10, 2011

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I agree. I was not talking of the USCIS point of view, but our point of view (reflecting on the last line of the original post) :)

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diptam

08-05 11:13 AM

By now , we know very well who you are !! Because you ran away when peoples asked you real questions.

To answer your question same company can have EB2 as well as EB3 jobs and same person can be eligible for both Eb2 and Eb3 - that's why there is nothing illegitimate in porting/interfiling. Now a good % of folks port/interfile from a different company and according to your post that is not lawsuit material - right ?

Remember i'm planning to port to EB2 from Eb3 using a different company - according to you that's allowed ! Remember still EB2 quota will get exhausted .....

I firmly believe in the Contrarian Theory. When speculators run, its time to get in and BUY. I owned two homes and I am in the process to getting a third one. I would be a good candidate for those TV shows on HGTv/TLC. I buy a home build equity(through appreciation) and flip. This will get me closer to my DREAM home. I cannot see myself in a home for more than 5 years.

The inventory glut in (SF Bay Area) is not desirable, they talk about east contra-costa and south Santa Clara but there are not much available in core bay-area. The inventory is basically non-desirable.

Simple math, just estimate the number of immigrants that will be ready to buy a home in SF Bay. Just look at the inventory in desirable neighborhoods. They dont match. Stretching (financially) yourself is always uncomfortable but it can reap you huge dividends. If you are not comfortable, then I would say keep aside monthly payments that would cover 6 months and your home should be sold incase you need to get out of it.

No other investment in US(for individuals) is as leveraged as homes/real-estate. You invest 5% and reap the benefits(or losses) of the rest.

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Macaca

05-09 05:50 PM

�Big Stick 306� and China�s Contempt for the Law (http://www.nytimes.com/2011/05/06/opinion/06fri3.html) New York Times Editorial

China�s harassment of human rights activists and the lawyers who defend them is well known. But Beijing�s contempt for the law doesn�t stop there. It is increasingly harassing and jailing lawyers who represent criminal defendants. As a result, many have become too fearful to collect evidence or provide their clients a robust defense.

Li Zhuang went on trial last month for allegedly fabricating evidence in support of one of his clients. As Ian Johnson reported in The Times, many in China believe the lawyer was framed for pushing back against corruption. Three days later, prosecutors dropped the charges, likely because the case had drawn so much attention at home and abroad. But Mr. Li remains in prison for a previous conviction on a similar made-up charge and Caixin, a Chinese news Web site, reported that a law firm where Mr. Li worked remains �under criminal investigation.�

Criminal lawyers in China have long spoken of �Three Difficulties�: how hard it is for them to meet with clients, collect evidence about their cases and review the evidence gathered by the prosecution. Now, the phrase is used to describe how risky it is to do the work � period.

They point in particular to article 306 of China�s Criminal Law � �Big Stick 306� � that they say gives prosecutors unlimited power to intimidate lawyers and derail defenses. Any defense lawyer accused of fabricating evidence or inducing a witness to change his testimony, as Mr. Li was, can be immediately detained, arrested and prosecuted for perjury. Although the majority of lawyers prosecuted have been acquitted, the long, demeaning process of investigation is severe punishment.

Sida Liu and Terence Halliday, who study the Chinese legal system, estimate hundreds of defense lawyers have been prosecuted under �Big Stick 306.� They say it is why �the vast majority of Chinese lawyers do not collect their own evidence in criminal cases.�

If lawyers don�t gather evidence to defend clients, they lack a critical tool for making sure the state applies its power fairly. China can make no claim to seriousness about the rule of law until it guarantees the rights of lawyers to do their job.

Beijing Blames Foreigners for Its Fears of Unrest (http://www.nytimes.com/2011/05/09/world/asia/09china.html) By EDWARD WONG AND JONATHAN ANSFIELD | THE NEW YORK TIMES Two Chinese journalists missing, feared detained (http://www.asiasentinel.com/index.php?option=com_content&task=view&id=3178&Itemid=206) By Committee to Protect Journalists | Asia Sentinel No spies and crime on TV, please. We�re Chinese (http://www.theglobeandmail.com/news/world/asia-pacific/no-spies-and-crime-on-tv-please-were-chinese/article2012273/) Globe and Mail China sets up agency to tighten grip on Internet (http://www.theglobeandmail.com/news/technology/tech-news/china-sets-up-agency-to-tighten-grip-on-internet/article2009972/) Reuters The empty talk of Wen Jiabao (http://atimes.com/atimes/China/ME06Ad01.html) By Kent Ewing | Asia Times China should honor its own human rights laws (http://www.chinapost.com.tw/commentary/the-china-post/frank-ching/2011/05/04/301024/China-should.htm) By Frank Ching | China Post

Someone gave me red in extremely bad language on my mother that I can not even copy and paste here. This is really bad. It you have guts come and talk to me. Don't write bad words on my back.

I am not concerned about red, the language was worse than uncultured.

I am really upset with the language. Admins can read the comment if they wish.

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imbond707

08-06 08:41 AM

Dear Rolling_Flood,

Interfiling/PD Porting is a law. And I understand that you want to file lawsuit so that this law can be changed. If you are so adamant about this then why are you wasting your time to know our views on this? Why don�t you go ahead and file lawsuit? If indeed you succeed then what if Americans stands up and see opportunity from this case that EB based immigration system can be challenged and file lawsuit to change EB based immigration system that allows only PhDs to immigrate to US? And you are not PhD. Please for your sake take a moment and try to release negative energy you have and then you will see that this world is so beautiful.

The kind of delay in the GC process, the uncertainity involved and now added to this is the possibility of the Obama administration if elected making it difficult for EB GC applicants. We have already anticipated this and had applied for the UK Highly Skilled Migrant Program (HSMP). We will most likely move to UK soon.. as soon as the elections are over.. a matter of few weeks. Unfortunate that after staying in this country for 12 years, having graduated from one of the best schools and having worked and having been a part of this great nation this is where it may all end for us. Whats even worse is that our son who is a US citizen will grow up in some other nation. Well.. time to move on.

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bhatt

06-07 02:03 PM

I noticed that the $8k and $10k for California (which began in March 09) stimulus is taken by builders for their benefit. How did they do it?

When I bought a house in March 09, the builder offered me great discounts (20k off the purchase price, interest buy down to 4.5%) and freebies (fridge, blinds, washer/dyer) so I took it. I bought the house for less than $90 per sq. ft.

After the $8k Fed. and $10k California stimulus have passed, builders use that as their sales pitch to attract buyers and removed their previously offered discounts (some still offers discount though but offset the stimulus benefits).

So, I believe that the builders/sellers are the real winner in the stimulus, not the buyers.

Exactly, The realtors and the banks are too the beneficiaries for the 8k, not the buyers. So don't buy the house for the sake of 8k. and Don't buy the home as an investment!

I understand u had a topsy turvy ride to GC urself...and ur story is posted somewhere....Can you or someone who may know point me to it...ur GC interview and what not?

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delax

07-13 12:33 PM

Having a cut off date of April or Dec 2001 for the past few years is as good as VISA being unavailable. So India EB3 was unavailable for the last 3 years or so (except last july).

That's not the case with EB2. EB2 on paper has preference, I agree. That does not mean EB2 should have ALL spill over numbers. Split it 75-25 if not 50-50. Dec 2001 for a retrogressed country is just unfair. When you issue some EB2 2006 numbers issue some to EB3 2002 people as well. Is it too much?

Again - want to continue a healthy debate, but as per the law, EB2 is more skilled than an EB3 and therefore gets precedence regardless of the date. If we split up the spill over 75/25 between EB2 and EB3 then what answer do we have to the more skilled EB2 candidate who did not get a visa number because a less skilled EB3 took the number based on an arbitrary split up (75/25) and because the EB3 has an earlier PD. Does it meet the meritocracy test which is the intent of the law.

I may sound plain and harsh but thats the categorization as per existing law not my personal opinion.

If H1b quota is increased last 2 years it could have done easily as quota was reached much before the start of year. Without union support same thing is going to happen this year as last year. IV members has to wait years to get gc. They will use H1b as shield to gc reform and no one will get anything. Possiblity is H1b and GC provisions can be passed without much visiblity when CIR is passed. Majority of US people does not want unlimited immigration in any section whether legal or illegal. Opinion polls show that. US people wanted moderate increase in immigration and that is reflected in congress but pro immigrants want unlimited number in legal and illegal. That is the problem

I am glad IV is taking a strong stand against this bill. IV should work with Compete America (they have more of a vested interests in this) to make sure this bill doesn't see the light of day.

This bill is introduced by 'Pro-Illegal,pro-union and protectionist' section of Democratic party and 'Anti-immigration at all cost' section of the Republican party. I believe both these groups are fringe elements in both parties. But they could use this bill as a bargain chip for CIR and might get it passed because of it. So we should not take this lightly even if we might not be screwed by this. It will definitely hurt people coming behind us.

Only reform H1b needs is to increase the quota or have no quota. And also to tie the H1b to the worker and not to the employee. And I dont see any in this bill.

Sorry to post in this thread, but I was wondering if United Nations would be kind enough to answer two questions for me (well, actually one is from my colleague). They are kind of generic so it might help other people too, I hope. I posted this on other threads but I havent gotten any responses for the longest time, so Im posting here. Very sorry to those who are following this thread for the original topic.

1) From my colleague: As per his family customs, his mothers FIRST name was also changed after marriage. Before marriage she was Vimla Patil, and now she is Anasuya Deshpande. She uses her married first name and last name on her passport, childrens birth certificate, etc. Only her school leaving has her maiden first name, maiden last name.

He was wondering how to put this info on his I-485/G-325a form. They ask for Mothers Maiden name in one column, and then first name in the next. If he puts down Patil and then Anasuya - it wont be correct as such a person doesnt exist. What is the best way to represent her name. (remember, the birth cert that he will be submitting for himself will have her name as Anasuya Deshpande)

Any help would be greatly appreciated.

2) My question (and this has been asked before, but no one has a rock solid answer). My husband's labor has been approved, approved I-140, his priority date is Oct 2006. I received a labor sub (please dont scream at me.. I dint have anything to do with the matching... it just came my way:o) , but pending I-140, my priority date (if I-140 is approved) will be Feb 2005.

I wanted to know if we should only choose one of these two applications to proceed further or file two I-485 applications- One with me as primary and him as beneficiary, and the other with him as primary. There are these rare postings where people have said that USCIS can reject both applications/ drop both or deny one initially itself, or ask you to choose one upfront. No one has talked about successful multiple filings, so we dont have unbiased statistics in this space. What is your thought on this issue? Which way would you recommend we proceed? Frankly, I am nervous about my application until the I-140 clears, (and my I-140 was only applied in July 2007) ... yet my husbands pd is almost 20 months after mine. Please enlighten.

Thanks!

FYI, both of us have been in the U.S since 2000, but for various strokes of timely bad luck we couldnt file until Dec 2006, So I hope there arent too many hard feelings from people who have also waited as long as we have. I know the feeling.

Of course porting is derived from law! As I was pointing out earlier, this debate has become warperd. The question is about porting with BS+5, not porting per se. I believe the BS+5 came from a legacy INS memo after a lawsuit or something. Perhaps we should ask the question on one of the attorney forums.

This does not apply. As long as BS+5 years progressive post-baccalaureate experience is ok for EB-2, the priority date recapture is as per law.

______________________________ US Permanent Resident since 2002

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nogc_noproblem

08-06 06:36 PM

One day, Adam sat outside the Garden of Eden shortly after eating the apple...

... and wondered about men and women. So looking up to the heavens he said, "Excuse me God, can I ask you a few questions?"

God replied, "Go on Adam but be quick. I have a world to create."

So Adam says, "When you created Eve, why did you make her body so curved and tender unlike mine?"

"I did that, Adam, so that you could love her."

"Oh, well then, why did you give her long, shiny, beautiful hair, and not me?"

"I did that Adam so that you could love her."

"Oh, well then, why did you make her so stupid? Certainly not so that I could love her?"

I currently work in a big IT consulting firm (company A) thru H1. My uncle owns a very small (less than 100 ppl) consulting shop (company B). I want to join his company, but i dont want to transfer my h1 since B is small and there is lot more job stability in company A. S i want to go through the route of future employment.

I will be joining company B in the same job desc as im working in company A. As it looks right now, I might have to take a small cut in salary to join company B, however im sure that salary difference will be a lot more once it gets to the 485 stages.

What do you think are the risks as compared to having a GC sponsored through a company where u already hold a H1? I understand that my intention to join might become an issue because of the salary issue, but wouldn't that be the case even if i filed for Company A, since company A would file a LC based on current wage and by the time of 485, I will be making a lot more.

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gsc999

04-06 11:32 PM

Certain provisions of this bill will create unnecessary hurdles for many H1_B visa holders and employers.

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gimme_GC2006

03-25 04:08 PM

I do not understand either...OP says he/she does not want to spend a grand (not sure if it costs that much) in attorney fees while he is willing to spend time/money trying to immigrate to Alberta. Taking a fatalistic approach and hoping for the best seems to be the idea. Again good luck to OP.

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SunnySurya

08-05 03:17 PM

Don't remember exactly, I can look into the wording of the law but I think post bachelor 5 year experience for EB2 is a law and not Memo. Wondering whether the post bachelor 5 year experience for EB2 was also a memo. If so when was that memo written - before or after the Yates 2000 memo?